Ruttler Mills PLLC

Seattle Patent Attorneys and Trademark Lawyers

Pending Patent Reform Bills

Posted Friday, May 8, 2015 by Jim Ruttler

A number of patent reform bills are pending in congress. Here is a brief summary of each. The INNOVATION ACT includes fee-shifting provisions where the loser of a patent infringement suit pays for the opposing side’s legal fees. Also included is a provision for courts to stay litigation against a customer if a lawsuit is better directed at a manufacturer. This Act is still in committee.

The TROL ACT requires that patent demand letters not be in bad faith and not include false or misleading statements. This act would also authorize states to bring actions and would preempt existing state laws relating to assertion of patent rights. This Act has been approved by committee and is now before the full House of Representatives.

The INNOVATION PROTECTION ACT would allow the Patent Office to keep its collected fees and end fee-diversion to other parts of the government.

The STRONG PATENTS ACT would make some changes to the new post-grant review proceedings at the Patent Office. It would require that issued patents be presumed valid. The Act would also end Patent Office fee diversion and curtail fraudulent/misleading demand letters.

The PATENT ACT would provide for higher pleading standards, allow for customers to stay litigation in favor of manufacturers, and direct the Patent Office to provide information on patent ownership about patents involved in disputes.